by | ARTICLES, BLOG, BUSINESS, FREEDOM, OBAMA, POLITICS, TAXES
I’ve written about disparate impact numerous time over the years, warning that this tactic would begin to be seen more frequently beyond the business world, such as in housing and labor. Thomas Perez and Loretta Lynch are two of its fiercest advocates, and a recent story in the Wall Street Journal suggests that my prediction is coming true.
The idea of “disparate impact” holds that a defendant can be held liable for discrimination for a race-neutral policy that statistically disadvantages a specific minority group even if that negative “impact” was neither foreseen nor intended. The Department of Labor has leveled that charge at a Silicon Valley software firm, Palantir Technologies.
According to the Wall Street Journal, five years ago, the Department of Labor accused Palantir of racial discrimination against Asian-Americans on three occasions, saying “the racial composition of Palantir’s hires for three positions—out of 44 job titles—in 2010 and 2011 didn’t mirror its applicant pool. Palantir hired one Asian and six non-Asian applicants for a quantitative-analysis position out of a pool of 730 “qualified applicants,” 77% of whom were Asian. For a software-engineer position, the company hired 14 non-Asian and 11 Asian applicants out of 1,160 applicants (85% of whom were Asian). The complaint says the odds of this occurring “by chance” are one in 3.4 million.”
But here’s the problem. The Department of Labor, by looking at everything entirely by race, completely ignores (excludes?) the idea that a company hire employees based on skill. Palantir argued this point in response: that the Department of Labor’s “analysis assumes incorrectly that anyone having any ‘domestic education,’ any ‘internship,’ any ‘prior experience,’ and ‘Java skills’ should be considered ‘equally or more qualified’ for the positions.” It adds that the department is “essentially advocating” an “illegal quota system.”
“Palantir notes that a quarter of its workforce and 37% of its product engineering team are of Asian descent. Of the 33 hired by Palantir during 2010 and 2011, 36% were Asian. Two of the four members of Palantir’s senior leadership identify as Asians. And more than half of the managers who oversaw the hiring process are Asian.
If Palantir had selected employees at random, 80% would be Asian. Then Labor might have said it is guilty of discriminating against Latinos and blacks.”
As if the charges weren’t bad enough, the Department of Labor decided to take it further this month after Palantir fought back with its responses. Labor has requested a “an administrative-law judge to cancel Palantir’s federal contracts and force the company to compensate the alleged victims of its discrimination.” Of course, since Palantir did not actually discriminate against anyone, no one has requested compensation. Only in the world of disparate impact analysis did Palantir do anything wrong, and since the Department of Labor does not disclose its methodology of determining disparate impact violations (except for broad statistics), no company can actually know if they are violating this kind of bogus “policy” of the Department of Labor.
It’s this kind of egregious action by the Department of Labor that makes being a business owner in the current climate a very difficult thing.
by | ARTICLES, FREEDOM, GOVERNMENT, OBAMA, TAXES
Though Thomas Perez no longer looks like Obama’s pick for Attorney General to replace Eric Holder, it is necessary to keep a critical eye on his activities as Labor Secretary. In particular, Thomas Perez is the leading crusader of a notion called “disparate impact”, a concept which allows for charges of discrimination even when none has actually occurred.
Though the idea of “disparate impact” has been around in the business world for at least a couple of decades , it has been vigorously pushed into other sectors as well, particularly during Obama’s administration. This idea holds that “a defendant can be held liable for discrimination for a race-neutral policy that statistically disadvantages a specific minority group even if that negative “impact” was neither purposeful, foreseen, nor intended. In such cases, defendants can be forced to pay for harm caused not by their own actions, but by economic and statistical realities, even if beyond their control.”
Thomas Perez was particularly lucrative with disparate impact while serving as the Assistant Attorney General for the Civil Rights Division of the United States Department of Justice, his position prior to joining Obama’s cabinet. National Review Online (NRO) covered some of Perez’s cases in recent years , noting that Perez “has applied that theory vigorously to force large settlements from financial companies even in cases where there was no evidence of actual racial discrimination”. In other words, employers can be sought after for violating the law, whether or not they actually did.
The White House in general, and Perez in particular, like disparate impact theory because it “sets a very low bar for proving discrimination. Under it, prosecutors need not prove intent, merely that minorities have suffered a disparate impact from some action”.
Perez also got involved directly in a court case which challenged “disparate impact” policy in housing, which had been accepted for review by the Supreme Court. While still in his role as Assistant AG, Perez personally flew to Minneapolis to negotiate a settlement, a move noted by the Weekly Standard, as Perez, “made a Supreme Court case disappear”.
Perhaps Obama passed on Perez to become the next Attorney General because he needed Perez’s talent for disparate impact to become more pervasive in labor law. As Labor Secretary, he has the ability to oversee all hiring and regulatory practices. Perez has already been charged with funding “union front groups known as work centers as an example of his bias”. As a “leader of the George Soros-funded Casa de Maryland illegal alien advocacy group, Perez lobbied for in-state tuition discounts for illegal alien students, driver’s licenses and tax-subsidized day labor centers.”
Perez successfully used disparate impact in the financial and housing sectors and now seems keen to expand its use in the labor world as well. He has indicated a key goal of “leveling the playing field” in labor, though it can certainly be argued-after 6 years of Obama – that the playing field is already tipped in favor of labor. Perez will certainly try to achieve his “leveling” through the use of disparate impact, because the burden to show lack of discrimination falls on the employer – meaning guilty until proven innocent. Perez has the ability to do significant damage in his role as Labor Secretary, which is perhaps why Obama wanted to keep him exactly where he is.
by | ARTICLES, BLOG, ECONOMY, GOVERNMENT, OBAMA, POLITICS, TAXES
Thomas Perez was Obama’s Labor Secretary pick 15 months ago, and he’s emerging as top contender for Attorney General as well. Is it any wonder that he gave a major speech at the National Press Club this week to share his vision of America? Entitled, “Calling for an Economy That Works for Everyone”, Perez discusses the concept of “shared prosperity”.
How many times did he use that phrasing? Try 20 times. These phrases were bold in the speech:
*”An economy that works for everyone is one where prosperity is broadly shared.”
*”The principal unfinished business of this recovery is to ensure that prosperity is broadly shared, and that we build an economy that works for everyone.”
So what is “shared prosperity”? Perez describes, “Step one involves tearing up the talking points and understanding history. Shared prosperity is not a fringe concept cooked up by socialists. Historically, both parties have embraced it with their words and their actions. In fact, it’s a principle as American as apple pie, and it’s the linchpin of a thriving middle class.”
He then cites Teddy Roosevelt, Goldman Sachs CEO, and Janet Yellen as supporters of this concept.
Perez went on to describe three major initiatives which consisted of: raising the minimum wage, more federal spending on infrastructure, and immigration reform. Perez states that a majority of small businesses support a minimum wage increase. He further declared that “shared prosperity” is found in “big bold policy initiatives”, such as “comprehensive immigration reform” (hint: amnesty). Perez claims that immigration reform would raise the GDP 5.4% over the next 20 years and raise wages for workers. This is in contrast to the CBO report that suggests wages would actually be lowered.
Other facets of Perez’s vision of prosperity include: paid leave, job training, and the “importance of the worker voice”, via collective bargaining. Perez particularly praised the collaborative efforts of the SEIU and UAW, calling unions a “critical step” in “shared prosperity”.
Additionally, Perez’s “shared prosperity” called for leadership. Perez’s vision is that of Obama’s: “First, we need leadership from Washington. And if Congress won’t do its part, President Obama has demonstrated that he’ll use his executive, regulatory and convening authorities — his pen and his phone, as he says — to provide that leadership.”
Interestingly, (coincidentally?), “Shared Prosperity” was “Resolution 6” at the Annual AFL-CIO Conference in August 2013. This was held less than a month after Perez became Labor Secretary, and many of its tenets sound remarkably like those championed by Perez, such as:
“• a secure job that pays a living wage in a safe workplace for all who seek one;
• a voice at work—through our unions and through collective bargaining with our employers”
The resolution further describes, “The values of shared prosperity are locked in conflict with the agenda of financial elites and global corporations. But in the end this conflict is self-defeating. A world of radical inequality is not in anyone’s long-term interest. That is why we seek a global economy where worker rights and the environment are protected, an economy where global finance is regulated and put to work to increase shared prosperity.”
You can read the entire agenda here. And apparently, the Washington State Labor Council was so impressed with this idea, they announced their own “shared prosperity” agenda in January 2014. Will other state councils follow suit?
“Shared prosperity”, however, is really nothing new. Hillary Clinton discussed this very concept in a campaign speech from 2007, entitled “ECONOMIC POLICY: Modern Progressive Vision: Shared Prosperity”. And at a campaign fundraiser in 2012, Obama also called for “shared prosperity” in his own speech when he asked folks in Chicago: ““Do we go forward towards a new vision of an America in which prosperity is shared? Or do we go backward to the same policies that got us in this mess in the first place?”.
As our current Secretary of Labor, Perez wished to implement this vision of “shared prosperity” into labor practices for America. If Perez is on the short list for Attorney General, how does he feel about the law? One more excerpt from his speech:
“Leadership also means enforcing the law fairly and independently. At the Labor Department, we’re being more strategic and aggressive than ever about cracking down on wage theft, misclassification and other violations. During the Obama Administration, we’ve recovered more than $1 billion in back wages. We’ve taken enforcement to a whole new level — not only because it gives workers the pay they’ve earned, but also because it levels the playing field and helps the vast majority of employers playing by the rules. Laws are only as effective as the political will of those enforcing them.”
Thomas Perez’s previous position before becoming Labor Secretary was serving as the Assistant Attorney General for the Civil Rights Division of the United States Department of Justice. No wonder he is a front runner to succeed Eric Holder.
